Allahabad High Court directs State to amend educational records of transwoman post gender reassignment surgery

In a significant order, the Allahabad High Court recently directed State authorities to take immediate steps to change the name and gender in the educational marksheets and certificates of a transwoman who underwent gender-reassignment surgery..Justice Vivek Chaudhary was hearing a petition moved by a transwoman who recently underwent a gender-reassignment surgery. The petitioner sought directions from the Court to change her name and gender in matriculation marksheets and certificates..The petitioner was suffering from gender dysphoria and underwent a gender-reassignment surgery from male to female in the year 2017. After this, her Aadhaar and PAN cards were issued in her new name and gender.As a necessary change, the petitioner had applied for the change of her name and gender in her high school marksheets and certificates. The State authorities, including the Examination Committee of the Uttar Pradesh Board, had refused to entertain the request of the petitioner stating that neither the rules nor the provisions of Intermediate Education Act, 1921 had any provision regarding the same. Aggrieved by the same, the petitioner approached the High Court..Relying heavily on the decision of the Supreme Court in National Legal Services Authority v. Union of India and Others (NALSA Case), the petitioner argued that the right to decide self-identity and gender is an intrinsic right under Article 21 of the Constitution of India.Further, Section 6(1) of the Transgender Persons (Protection of Rights) Act, 2019 specifically provides that "if the transgender person undergoes surgery to change gender, such person may make an application, along with a certificate issued to that effect by the Superintendent or Chief Medical Officer of the medical institution in which that person has undergone surgery, to the District Magistrate for a revised certificate in the prescribed manner."It was thus argued that the petitioner is entitled to issuance of appropriate certificates in view of her change of gender..It was argued on behalf of the State that since the petitioner underwent a gender-reassignment surgery prior to commencement of the 2019 Act, she was not entitled to apply for the revised marksheets and certificates under the said Act..After hearing the parties, the Court at the outset noted:"The very purpose of bringing in force the Act is to provide equality and respect to the transgender persons. The Act is a socially beneficial legislation and therefore, this Act cannot be given an interpretation which would defeat the very purpose for which the same is brought in force. It has to be interpreted in a manner that solemn purpose for which it is legislated is achieved."Additionally, the Court observed that Section 7 of the 2019 Act, which details the procedure for issuance of gender change certificate, is required to be interpreted in a manner that both transgender persons who are issued a certificate under Section 6 and persons like the petitioner who had undergone the gender reassignment procedure prior to commencement of the 2019 Act, are entitled to apply for issuance of a gender change certificate before the District Magistrate..Noting that denying such a right to persons who had already undergone gender reassignment surgery would frustrate the very purpose of the 2019 Act, the Court allowed the petitioner to submit an application under Section 7 of the 2019 Act to the District Magistrate.The Court also directed that after the issuance of a certificate by the District Magistrate, the petitioner shall be at liberty to approach the concerned authorities for issuance of fresh certificates and marksheets.The State authorities were further directed to take immediate steps for change of name and gender in the marksheets and certificates of the petitioner..Advocates Shubham Tripathi, Ali Jibran, Aman Khan and Suyash Manjul appeared for the petitioner. Advocate Kirti Srivastava appeared for the respondents.